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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 � r Chair Bakeman closed the Public Hearing at 9:�8 p.m. MOTION Member poherty moved, seconded by Member Bakeman to RECOMMEND APPROVAL of the requested PLANNED UNIT DEVELOPMENT AMENDMENT for Har Mar Mall to redevelop the Firestone site with a new outloUstructure adjacent to County Road B; based on comments in Section 6 and conditions of Section 7 of the project report dated November 7, 2007. Commissioner Boerigter advised that he would support the project; however, did not support closure of the right-in/right-out access, understanding the difficulties of the property owner; and opined that he was not convinced that the intersection needed to be closed, while understanding the issues related to u-turns, questioned whether this development would impact those issues. Commissioner Boerigter further opined that the proposed improvement, or a restaurant and two (2) small retail suites, in addition to improved snow removal and storm water management, and landscaping, was overall a positive for the City. Commissioner Boerigter expressed concern with landlord representations to lessees and the appropriateness of a condition related to closure of the access; and questioned the viability of the project if that condition were included, and opined that the City could not be justified in such a requirement. Commissioner poherty respectfully disagreed with Commissioner Boerigter, opining that if this restaurant use was successful, it would further increase negative traffic issues on County Road B. Commissioner poherty further opined that drivers would continue to make u-turns illegally. Commissioner Boerigter suggested that the u-turn issue was a safety issue, and needed more monitoring and enforcement by the Police Department; and questioned the actual impact of the proposed use on overall traffic on County Road B. Commissioner Gottfried concurred with Commissioner poherty, while recognizing the applicanYs concerns with existing lease agreements; however, opined that the right-in only was a good compromise, and addressed the traffic flow issues. Commissioner Gottfried further opined that the Planning Commission would not be doing their jobs if they glossed over this opportunity to address the traffic flow. Chair Bakeman noted that leases could be revised going fonvard. Commissioner Martin concurred that it was a public safety issue that could be addressed by increased Police Department controls. Mr. Paschke advised that the Police Department had stepped up patrols in that area. Mr. Paschke further advised that staff concurred with Commissioner Boerigter in some respects; however, noted that staff had to look at life, safety, and general health and welfare issues, and this proposed project provided an opportunity to address some of those concerns. Mr. Paschke enthusiastically agreed that the project was a good one, and expressed staff's interest in working with Har Mar owners; however, staff could not address the owner's issues with onerous lease agreements, but had to guard the best interests of the City and citizens by recommending closure of the right turn-out going east to eliminate an ongoing traffic safety issue. MOTION TO AMEND Member Bakeman moved, seconded by Member Wozniak to AMEND THE ORGINAL MOTION that the existing right-in/rightout access located along County Road B, approximately three hundred feet (300') east of Snelling Avenue, be changed to a right-in only.